Attorneys for state Sen. Jake Corman and Treasurer Rob McCord asked for a judge to review another 163 documents on Friday.
Corman and McCord are suing the NCAA and Penn State over enforcement of the Endowment Act, the legislation that would require $60 million in fines levied after the Jerry Sandusky child sex abuse scandal to remain in Pennsylvania.
The plaintiffs have clashed with the NCAA over a number of documents that the college sports organization claims are protected by attorney-client privilege, work-product privilege or a common-interest privilege. The NCAA was already ordered to submit more than 400 documents for review. A decision on those has not been released.
However, the new filing puts another raft of documents on the table.
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Corman attorney Matthew Haverstick, of the law firm Conrad O’Brien P.C. in Philadelphia, said in his motion that the documents had been produced with “various redactions” that plaintiffs were unable to “fully evaluate” for privilege.
“In fact, the great bulk of these 163 appear to be discussions of media strategy and not legal advice,” Haverstick wrote. “Indeed, it is worth noting that Donald Remy, chief counsel for the NCAA, who is on many of these emails, is frequently the public spokesperson for the NCAA ... and it appears many of these emails are soliciting his media as opposed to legal advice.”
Haverstick also argued that, in places where the NCAA removed redactions, “what was originally redacted should never have been withheld, which leads plaintiffs to seriously question all of the redactions.”
Submitted exhibits include emails between attorneys for the two sides, including one from Sarah Gragert at Latham and Watkins LLP, in Washington, D.C., regarding the impasse.
“We obviously disagree with your assertion that these documents are not privileged. You assume that discussions pertaining to media issues can never be privileged. Your premise is not well taken,” she wrote. Those documents you challenge, however, all were prepared for the purpose of providing or obtaining legal advice and/or constitute attorney work product.”